Getting falsely accused of any domestic violence is very challenging to process. The accused needs to quickly take action to avoid any allegations from causing prolonged stress and long-term problems in future opportunities. The accused must hire a domestic violence lawyer to immediately defend himself or herself from any charges.
Anyone facing domestic violence allegations may start the procedure of getting the children removed from a home. Adding more trouble to this is the partner or spouse of the accused may file for a restraining order which means that he or she cannot visit the children. The person facing this difficult situation will have to prove to the court and law that he or she is innocent of the accusations. It is an uphill battle to face as the community, city, and even neighborhood may get behind a case against the accused. If the accused is providing to some dependents, the individual would probably need to have some temporary arrangements since the allegations can lead to difficult situations that make it harder to get an income.
Things To Do When Facing Domestic Violence Charges
Before the accused proceed to do anything, he or she will need to work with a domestic violence lawyer who is focused on defense. The burden of proving innocence falls to the accused and it is quite difficult to prove. This is why it is important to immediately work on a legal defense motion. The beginning process begins with having a witness explain the pieces of evidence that the defendant may have. If the accuser has bruises or even broken bones, the accused must dispute and explain that those injuries didn’t come from any domestic violence.
The legal defense team will need certain medical evidence from the accuser, as well as disputing the location or date when the “violence” occurred. It is very vital to refuting the accusations of violent attacks that are not done by the defendant.
Once a domestic violence lawyer has entered the scenario, the accused will require to do some damage control. This is done by mitigating the harm caused by the accusing party through the lawsuits and trials that will happen.
The defendant will need the help of character witnesses, “crime” witnesses, and testify that the accused is not able to commit the violent act against the accuser. This can be explained through the defendant’s size, height, strength, or other circumstances. The defense team may contact professionals and medical experts to help out in the case. The defense team will refute the charges by tearing the prosecution’s case with provable facts.
Since domestic violence charges will lead to devastating effects on the defendant’s life. This is why he or she must utilize whatever means available to avoid further damage in his or her career, relationships, and overall life quality. The defendant can have a community outreach using the character witnesses to spread the fact that the accusations are false, as well as continuous communication with potential employers that there is no truth to the accusation.
Children are removed from the premises with the accused which means if the defendant does not work to combat the accusations, he or she will lose the ability to be with the kids. Moreover, keeping the job with domestic violence charges will be very difficult if there are no preventive measures deployed. Having proof may not be enough for other people to view the defendant as innocent but taking defensive steps to dispute the accusations on a personal level is still helpful.
When facing any false accusations, the defendant must ensure that there are no records of him or her violating law in the past. He or she must follow restraining orders. Since facing a false accusation is quite aggravating emotionally, the domestic violence lawyer of the defendant must ensure that the client will not engage in any act of violence due to emotional outbursts. If there is any mention that the defendant instigated a fight or harmed someone could lead to making the accused look bad in the eyes of the law. The defendant must maintain a peaceful attitude while staying away from the accuser. This demonstrates that the accused is cooperating with the law and the ongoing investigation of the case.
Even if the domestic violence accusations are false, if there is enough evidence presented by the prosecution, it can lead to a conviction. The defendant must fully cooperate with his or her lawyer. It is also possible to turn the tables to expose the accuser of the lies he or she has made against the defendant. The defendant can file a defamation lawsuit to contradict the accuser’s claims as well.