Recurring False Domestic Violence Charges? What are your options?
Domestic violence is a crime that ruins lives and tears families apart all over the world every day. Therefore, it’s natural and expected that there would be laws that criminalize domestic violence, but as much as we want to trust our legal system, many people all over the United States are falsely accused of domestic crimes every day. People are falsely accused of all kinds of different crimes but a false accusation of domestic violence can ruin a person’s life.
The unfair aspect of a false domestic violence charge is that it doesn’t matter if the claims are eventually proven to be false. The stigma still follows the accused and temporary orders can still show up on criminal background checks and hinder getting a job or renting a new residence. Apart from that, your rights and dignity are completely brushed aside.
Once the charge has been made, you can be arrested in your own home in front of your partner and children and in full view of your neighbors. You can be taken to the police station and your DNA taken on file. This is everything that happens before you are convicted. The worst case scenario is prison.
What to do if you are arrested for Domestic Violence Charges?
If you are falsely accused of domestic violence, you need to be aware of your rights. Earlier in the article we mentioned how many of your rights can be legally stripped from you but you do not lose your right to legal representation.
You are entitled to legal advice at the police station; to waive this right is not a wise decision. If you talk to the police without your lawyer, anything you say can and will be misconstrued by the police to increase the likelihood of your conviction. A lawyer will be aware of this and will know through experience and training how to communicate with the police in a way that will be most beneficial to your case.
It will work in your favor to be truthful and open with your attorney. A lack of cooperation with your lawyer means that their ability to help you will be hindered by your own decisions and actions.
If you manage to get bail, the police will set a date for you to return to the police station. If this happens, it is crucial that you return to the police station on the set date otherwise you can be charged with a “failure to surrender” offense and a warrant can be issued for your arrest.
If a partner or ex-partner has accused you of domestic violence while knowing that you are innocent, he or she has already committed a crime by the time the police are involved. This can result in them receiving a prison sentence of six months. If they falsify evidence presented to the concerned authorities, then they are guilty of perverting the course of justice.
If the case gets to court and the accuser is still lying at this stage, then they are committing perjury. These are all grave crimes and can end up in a very long accumulated sentence.