If you visit most law firm websites that handle domestic violence cases, you will notice there is a distinct bias towards helping accusers, and very little information for the accused. Oceanside domestic violence attorneys Fischer & Van Thiel are a notable exception. They understand there are two sides to every domestic violence case.
False accusations of domestic violence are a growing problem, and the consequences of being accused of domestic violence are very serious. It is grossly unfair to the accused if they are innocent, and making a false accusation is morally indecent because of the severe reprisals that may result.
Unfortunately it can be very difficult to clear your name if you’re accused, because there’s a strong tendency to give the benefit of any doubt to the alleged victim. You need a lawyer who can make a persuasive case on your behalf, especially if you feel there is any way you can prove that your accuser is lying.
The worst thing you can do is talk to the police without having a lawyer present. Many people wrongly believe they can talk their way out of trouble, but what they don’t realize is that police aren’t always interested in getting the correct result, they just want a result. Anything you say can be used as evidence against you, but that doesn’t mean that anything positive you say will be used as evidence for you. It means your entire statement isn’t always what the police use as evidence. They could just take some portion of what you say and use that, and it could make you look really bad.
Really, if you’re ever accused of anything or if you’re a suspect, the only things you should say are “Am I under arrest?” and “I would like to contact my lawyer”. You should not say anything else, because you can’t be sure how your words will be heard and how they will be used.
After being accused, you should have no further contact with the accuser at all, under any circumstances, at least until the matter has been resolved in your favor. Understandably you may be upset about the false accusation of domestic violence, or anything else you’ve been wrongly accused of, but there is nothing you can say that will help this situation. If anything, opening your mouth or acting out will only hurt your chances of winning in court.
It can be difficult, but you need to remain calm, and not say or do anything until you have a chance to meet with a lawyer. Try to think carefully about anything that could help your chances and make sure to inform the lawyer about these things. For example, if your home has any kind of surveillance system installed, this could provide crucial evidence to prove your innocence. But make sure to only tell your lawyer, it is not something your accuser or the police need to know about.
Domestic violence charges are among the most difficult to defend against, but it can be done if you have the right help, and if you don’t talk your way into more trouble.